language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 502-S.F.No. 1704 An act relating to natural resources; regulating aquaculture activities and programs; providing for the transportation of minnows by common carrier; regulating the commercial fishing of rough fish on the Lake of the Woods; authorizing conservation officers to seek issuance of and to serve search warrants; amending Minnesota Statutes 1988, sections 97A.155, by adding a subdivision; 97C.501, subdivision 1; and 97C.525, by adding a subdivision; Minnesota Statutes 1989 Supplement, sections 17.49, subdivision 2, and by adding a subdivision; 626.05, subdivision 2; and 626.13; proposing coding for new law in Minnesota Statutes, chapter 97C. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1989 Supplement, section 17.49, subdivision 2, is amended to read: Subd. 2. [COORDINATION.]
AquicultureAquaculture programs in the state must be coordinated through the commissioner of agriculture. The commissioner of agriculture shall direct the development of aquicultureaquaculture in the state. AquicultureAquaculture research, projects, and demonstrations must be reported to the commissioner before state appropriations for the research, projects, and demonstrations are encumbered. The commissioner shall maintain a data base of aquicultureaquaculture research, demonstrations, and other related information pertaining to agricultureaquaculture in the state. Sec. 2. Minnesota Statutes 1989 Supplement, section 17.49, is amended by adding a subdivision to read: Subd. 3. [REPORT.] The commissioner shall prepare an annual report on the amount of fish and aquaculture products consumed in the state, where the products were produced, the opportunities in the state for aquaculture development, and impediments to Minnesota development of aquaculture. Sec. 3. Minnesota Statutes 1988, section 97A.155, is amended by adding a subdivision to read: Subd. 3. [AQUACULTURE ALLOWED.] The commissioner shall not interpret commercial fishing in the settlement agreement in a manner that restricts aquaculture by the Leech Lake Band, or Leech Lake Band members, that is conducted consistent with state policies, laws, and regulations relating to aquaculture. Sec. 4. Minnesota Statutes 1988, section 97C.501, subdivision 1, is amended to read: Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be a minnow retailer without a minnow retailer license except as provided in subdivision 3. (b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow retailer's place of business, except as provided in subdivision 3. A minnow retailer is not required to obtain a minnow retailer's vehicle license if minnows are being transported by common carrier and information is provided that allows the commissioner to find out the location of the shipment in the state. Sec. 5. Minnesota Statutes 1988, section 97C.525, is amended by adding a subdivision to read: Subd. 6. [COMMON CARRIER.] An exporting minnow dealer may transport minnows by common carrier and must provide on request by the commissioner information pertaining to product, quantity, and destination. Sec. 6. [97C.827] [LAKE OF THE WOODS; COMMERCIAL FISHING OF ROUGH FISH.] Subdivision 1. [PROMOTION.] The commissioner shall promote and encourage taking rough fish from Lake of the Woods. Subd. 2. [ISSUANCE OF LICENSES.] The commissioner shall issue commercial fishing licenses to take rough fish on Lake of the Woods. The issuance of the commercial fishing licenses may not be restricted because a person holds other licenses under the game and fish laws or operates particular kinds of businesses. Sec. 7. Minnesota Statutes 1989 Supplement, section 626.05, subdivision 2, is amended to read: Subd. 2. The term "peace officer" as used in sections 626.04 to 626.17 means a sheriff, deputy sheriff, police officer, constable, conservation officer, agent of the bureau of criminal apprehension, agent of the division of gambling enforcement, or University of Minnesota peace officer. Sec. 8. Minnesota Statutes 1989 Supplement, section 626.13, is amended to read: 626.13 [SERVICE, PERSONS MAKING.] A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on the officer's requiring it, the officer being present and acting in its execution. If the warrant is to be served by an agent of the bureau of criminal apprehension or, an agent of the division of gambling enforcement, or a conservation officer, the agent or conservation officer shall notify the chief of police of an organized full-time police department of the municipality or, if there is no such local chief of police, the sheriff or a deputy sheriff of the county in which service is to be made prior to execution. Sec. 9. [EFFECTIVE DATE.] This act is effective the day following final enactment. Presented to the governor April 24, 1990 Signed by the governor April 24, 1990, 9:04 p.m.